The Nebraska Law Review

Book Review

David Dow

Modern Trials. By Melvin M. Belli. Indianapolis: The Bobbs-Merrill Company, Inc., 1954. 2763 pp. $50.00

The Journalist and His Confidential Source: Should a Testimonial Privilege Be Allowed

W. D. Lorensen


The Basis for a Privilege

The Current Law

When Is the Public Benefited?

When Should This Privilege Be Denied?

When Is There No Public Benefit?

When Does Detriment Outweigh Benefit?


Professional Liability

Earl Cline

The subject of this article, “Professional Liability,” is very broad and could include not only malpractice liability but also other liabilities of the physician and surgeon. Instead of attempting to discuss so broad a field, it will be confined to the subject of liability for malpractice and trespass and particularly recent trends in court decisions relating to the liability of the physician and surgeon therefor.

Special Findings and Special Verdicts in Nebraska

Gerald E. Matzke


Special Findings and Special Verdicts Defined

Advantages and Purposes of Special Findings of Fact

Some Aspects of the Law Governing the Use of Special Findings … I. Discretion of the Trial Judge … II. Drafting Interrogatories Requiring Special Findings … III. Effect of Special Findings of Fact Which Are in Conflict with the General Verdict … IV. Effect of Failure of Jury to Make Special Findings of Fact in Answer to Interrogatories Submitted by Trial Court … V. Special Findings and the Five-Sixths Verdict


Books Received

Crime, Courts, and Probation. By Charles Lionel Chute and Marjorie Bell. New York: The MacMillan Company, 1956. Pp. 268. $4.75.

Marriage Happiness or Unhappiness. By Judge Tom R. Blaine. Philadelphia, Pennsylvania: Dorrance & Company, Inc., 1955. Pp. 197. $2.50.

Present Status of Suretyship Defenses of an Accommodation Maker

Bob Baumfalk


I. Patent of Latent Sureties

II. Extension of Time … A. The Majority Rule … B. The Minority View … C. Statutory Variations … D. Criticism of the Majority and Minority Views … E. The Uniform Commercial Code

III. Release of Collateral . . . A. Under the Negotiable Instruments Law … B. The Uniform Commercial Code


The Final Judgment Rule and Appellate Review of Discovery Orders in Nebraska

William H. Sherwood et al.

In Lund v. Holbrook the Nebraska Supreme Court held that no appeal could be taken until after final judgment from an order requiring a party to turn over documents to his opponent for inspection and copying. The basis for the decision was a statute limiting the appellate jurisdiction of the supreme court to the review of a “judgment rendered or final order.” “Final order” is defined by statute as one which “ . . . in effect determines the action and prevents a judgment.” The same rule would undoubtedly by applied to any other discovery order in Nebraska.

Full Faith and Credit—Fraud in Procurement of Personal Service—Divorce—Domicile

Floyd A. Sterns

If some future savant should perchance decipher the remains of any law review, he is almost certain to discover an article on full faith and credit, migratory divorce, and sundry allied problems of jurisdiction, domicile, service of process, and res judicata.

This inquiry is but another attempt to state what part of the law in this area may be at the present time with particular reference to a recent Nebraska case, zenker v. zenker, which raises some interesting questions regarding the never, never land of full faith and credit.